Revolutionary War Pension and Bounty Land Warrant Application File S. 2571, James Gabriel, N.C.

SERVICE
NUMBER
N 6
Gabriel James
S 2571
Born in N.C.
CONTENTS
Carded

Rev War
2571
INVALID.
Rev
File No. 2571
James Gabriel Post Surg. Rev. War
Act: June 7, 1882
Index:—Vol. A. , Page 136.
[Arrangement of 1870.]

12.420 North Carolina
James Gabriel sketched in the State of N.C. on who was a private in the _____ commanded by Captain _____ of the Regt. commanded by Col. Johnson in the N.C. Line time for 2 years
Inscribed on the Roll of N. Carolina at the rate of 10 Dollars 50 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 29 th day of April 1832 to Hellen P.M. and Martha Isaac Beaufort N.C.
Arrears to the 4th of March 1833 215.00 Semi-annual allowance ending Feb. - 53.75
$ 268.75
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nathaniel Rice Clerk Book _____ Vol. 6 Page 41

State of South Carolina Canton County. § 1.
On this 18 th day of September 1832 personally appeared in open court, before the Justices of the Court of Pleas & Quarter- Sessions now sitting James Gabriel, president of — in the county and state aforesaid aged 73 years, who being first duly sworn according to law, doth on his oath make the following declaration, in which obtain the benefit of the Act of Congress passed June 7. 1832.
That he was born in the county of Canton State of South Car- olina on the 27 th December 1758. & the name of which is not known. He has resided in the said county, Canton through life.
At Newbern a rural county in the month of August 1776 he volunteered and joined a company called the Independent company commanded by Capt. Enoch Ward, Ruben Rant & Benjamin Chaney Lieutenants, & Patrick Gible Ensign. Served in this company in Canton County until February 1778 when he was discharged. Six months of the service in this company was as a private & the twelve months as a sergeant.
On the 9 th day of March 1779 he volunteered under Capt. James Simons, Lieut. Samuel Beehey & Ensign John Shock Martin. This company composed a part of the 1 st Regiment of South Carolina Volunteers commanded by Colonel Francis Jones & Major Richardson: and formed a part of General Pat- ler's Brigade at the Battle of Stone. During the war Brigadier, which included the company to which he belonged. James Gabriel's language concerning of about 100 men marched at Newbern and joined Genl. Simons at his head- quarters with the S th Carolina militia, making his force a bout 6000. Genl. Simons then crossed the Savannah river re-entered Georgia where he remained about one month, when the the British leaving Georgia and going into S th Carolina Genl Simons with his army pursued them & coming up with them at Stone Ferry on St Johns Island gave them battle on the 20 th June 1779 Sunday morning. Many brave men fell but the loss of the brave & undaunted Col. Roberts of the Artillery was most deplored. He was the highest officer lost in this engagement by the Americans.

He, James Gabriel, also took part in the siege of Savannah and was employed in cutting down the pickets & was killed by Colonel Pulaski; saw him enter & was then brought back & was wounded from the commencement to the end of the siege and was five months.
In March 1781 volunteered under the command of Col John Easton in a company commanded by Capt Frederick Steele - this corps was raised to march against the British & Wilmington N. Carolina - He was in this line one month, fifteen days of that time.
In September 1781, volunteered with some others to join in Craven County men to stop the British who were marching through the country from Wilmington. He was in duty 22 days.
Three months of the second & took the two last towns he was a sergeant.
He received discharges but they were in an old book containing loose papers, thought to be of no value, which was sold at his Mother's, rendered & taken away by the purchaser.
He has no documentary evidence and there is no person known to him by whom the services can be proved except perhaps James Galford Secy.
He is known to Genl Thomas Marshall of Beaufort a person who can testify to his character for good behavior & true belief of his services in volume of the N.C. Archives.
Thereby relinquish every claim whatever to a pension or annuity except the present, and declare that my name is not on the pension roll of the agency of any State.
Sworn to and subscribed, the day & year aforesaid James Galford
We Thomas Marshall Esqy, a Justice of the Peace residing in the County of Craven aforesaid & David Lawrence residing in the same place do hereby certify, that we are well acquainted with James Gabriel who has subscri- bed and sworn to the above declaration; that we believe him to be 73 years of age; that he is reputed

and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. We are as at present the day & year above said.
Thomas Marshall V.P. David Lawrence
Then the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatory presented by the War Department, that the above-named applicant was a Revolutionary Soldier, and agreed as he states. And the Court further certify that it appears to them that Thomas Marshall who has signed the preceding certificate, is a Senator of the Court Assembly , resident in the County of Carbon aforesaid and that David Lawrence who has also signed the same is a resident in the same County and is a credible person and that this statement is entitled to credit.
I Gilbert Runkle Clerk of the Court of Pleas & Quarters Sessions for the County of Carbon do hereby certify that the foregoing contains the original proceedings in the matter of the application of James Gabriel for a pension.
In testimony whereof, I have hereunto set my hand and seal of office this 18 th day of September in the year of our Lord 1852 & of the Independence of the State. LVII.
G Runkle Clk.

State of North Carolina Wakefield County
On this 15 th day of September 1832 personally appeared in Open Court before the Justices of the Court of Pleas & Quarter Sessions now sitting James Fulford a resident of the County & State aforesaid who being first sworn according to law doth on his oath depose & say. That he knows James Gabriel was in service in the Independent Company under the command of Capt. Enock Ward during the Revolutionary War & that he served as he believes about eighteen months. Further this deponent saith not. Sworn to and subscribed the day and year aforesaid James Fulford
And the said Court further certifies that the deposition of James Fulford above written is entitled to credit. J. Gilbert Roundy Clerk of the Court of Pleas & Quarter Sessions for the County aforesaid do hereby certify that the foregoing deposition of James Fulford in the matter of the application of James Gabriel for a pension, was taken before me and I have known is due form of law. For testimony whereof I have hereunto set my hand and seal of office this 15 th day of September 1832
J. Roundy C. C.

James Gabriel
N.C.
N o : 24142 -
Admit as Sergeant
16 1/2 mo. -
7 1/2 " prior 107.50
Isaac Allen P.M.
Beaufort
N.C.

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjunct notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of James Gabriel
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     August 1776 { vol. 6 12 Pri Sergt 73 years Carteret Co. N.C.   March 1779 vol. 5 Sergt Bmpy other Col. I. Johnson Maj. Richardson Traditional witness   March 1781 vol. 1 15 Sergt Col. I. Easton   Septm 1781 vol. 22 "   2 5 17  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
12. 3 1 11 16. 15 - Sept. 7 15 - Dec

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guardian.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or state officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the years the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.